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Supreme Court of India 2019-04-12 allowed

Sanjay Bansal vs Vipul Ltd. (Formerly Known as Vipul Infrastructure Developers Ltd.) & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The appellant booked four flats in a Gurgaon housing project and filed a consumer complaint alleging deficiency of service by the developers. The developer disputed his status as a 'consumer' under the Consumer Protection Act, 1986, arguing that purchasing four flats indicated commercial resale intent. The NCDRC rejected the complaint without hearing evidence. The Supreme Court allowed the appeal, holding that consumer status cannot be determined by surmise alone. The Court emphasized that such findings require complete pleadings and evidence from both parties, and remanded the case to the NCDRC for proper adjudication on merits.",

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Consumer Protection Real Estate and Housing Consumer Disputes Procedural Justice

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